42 U.S. Code § 213a - Rights, benefits, privileges, and immunities for commissioned officers or beneficiaries; exercise of authority by Secretary or designee

(a)Commissioned officers of the Service or their surviving beneficiaries are entitled to all the rights, benefits, privileges, and immunities now or hereafter provided for commissioned officers of the Army or their surviving beneficiaries under the following provisions of title 10:

(2)Chapter 61, Retirement or Separation for Physical Disability, except that sections
1201,
1202, and
1203 do not apply to commissioned officers of the Public Health Service who have been ordered to active duty for training for a period of more than 30 days.

(b)The authority vested by title 10 in the “military departments”, “the Secretary concerned”, or “the Secretary of Defense” with respect to the rights, privileges, immunities, and benefits referred to in subsection (a) of this section shall be exercised, with respect to commissioned officers of the Service, by the Secretary of Health and Human Services or his designee. For purposes of paragraph (18) of subsection (a), the term “Inspector General” in section 1034 of such title 10 shall mean the Inspector General of the Department of Health and Human Services.

Formula No. 3 of section
1401 of title
10, referred to in subsec. (a)(4), was struck from the table set forth in section
1401(a) of title
10 by Pub. L. 103–337, div. A, title XVI, § 1662(j)(2),Oct. 5, 1994, 108 Stat. 3004.

Codification

Section was formerly classified to section
316 of title
37 prior to the general revision and enactment of Title 37, Pay and Allowances of the Uniformed Services, by Pub. L. 87–649, § 1,Sept. 7, 1962, 76 Stat. 451.

Subsec. (b). Pub. L. 112–144, § 1129(b), inserted at end “For purposes of paragraph (18) of subsection (a), the term ‘Inspector General’ in section 1034 of such title 10 shall mean the Inspector General of the Department of Health and Human Services.”

1962—Subsec. (a). Pub. L. 87–555added cl. (9). Notwithstanding directory language that section be amended by “adding the following new clause at the end thereof”, the amendment was executed to subsec. (a) to reflect the probable intent of Congress since the “new” clause was numbered “(9)” and subsec. (a) contained cls. (1) to (8).

1958—Subsec. (a). Pub. L. 85–861substituted “provisions” for “chapters” in opening clause, struck out former cl. (1) which related to chapter
55 of title
10, renumbered former cls. (2) to (6) as (1) to (5), amended cl. (1), as renumbered, to make sections
1201 to
1203 of title
10, inapplicable to commissioned officers of the Public Health Service who have been ordered to active duty for training for a period of more than 30 days, inserted a reference to section
1374 of title
10 in cl. (2), as renumbered, struck out “Care of the Dead” after “Benefits” in cl. (5), as renumbered, and added cl. (6).

Effective Date of 1997 Amendment

Pub. L. 105–85, div. A, title VI, § 653(c),Nov. 18, 1997, 111 Stat. 1804, provided that: “The amendments made by this section [amending this section and former section
857a of Title
33, Navigation and Navigable Waters] shall apply only to adoptions that are completed on or after the date of the enactment of this Act [Nov. 18, 1997].”

Amendment by Pub. L. 88–132effective Oct. 1, 1963, see section 14 ofPub. L. 88–132, set out as an Effective Date note under section
201 of Title
37, Pay and Allowances of the Uniformed Services.

Transfer of Functions

Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section
202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) ofPub. L. 96–88which is classified to section
3508(b) of Title
20, Education.

Rules and Regulations; Savings Deposit Benefits

Regulations prescribed by the Secretary of Health, Education, and Welfare [now Health and Human Services] concerning savings deposit benefits for Public Health Service personnel to be prescribed jointly with regulations prescribed by the Secretaries concerned under section
1035 of Title
10, Armed Forces, see section 3(c) ofPub. L. 89–538, set out as a note under section
1035 of Title
10.

Transportation and travel allowances to escorts for dependents of members, see sections 4 to 7 ofPub. L. 86–160, set out as a note under section
1036 of Title
10, Armed Forces.

Designation of Beneficiary Made Before January 1, 1956

Designation of beneficiary made before Jan. 1, 1956, considered as the designation of a beneficiary for the purposes of section 4 ofPub. L. 85–861, which amended this section, see section 31 ofPub. L. 85–861, set out as a note under section
2771 of Title
10, Armed Forces.

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